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(영문) 제주지방법원 2017.05.10 2017고단185
재물손괴등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal record] On July 9, 2015, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution on July 17, 2015, and the judgment became final and conclusive on July 17, 2015, and has four times of violent crime records in addition to the period of suspended execution.

[Criminal facts]

1. Although the Defendant did not see without permission at a place where many people gather or frequent, such as a way in violation of the Punishment of Minor Offenses Act, park, etc., the Defendant saw that the Defendant was dumped in front of the public morals in the Jeju-ro 19, in the direction of the public morals at the time of Jeju-ro 22:22 on September 8, 2016.

2. The Defendant, at the time and place specified in paragraph 1, destroyed the victim’s property by plucking and plucking up the public official’s identification card against C, who was in violation of the Punishment of Minor Offenses in the Jeju Police Station B of the Jeju Police Station B of the Jeju Police Station, and demands personal information from the victim, and “I do not know that I do not know it is the police,” and after receiving the public official’s identification card from the above C from the above C, I protested against the crackdown and damaged the victim’s property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. On-site photographs;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

1. Relevant Article 3 (1) 12 (a) of the Punishment of Minor Offenses Act (a point of view of diversology) and Article 366 of the Criminal Act concerning the crime;

1. Selection of each alternative fine for punishment (including the fact that the punishment is contingent crimes, the fact that the damage to property is relatively small, and the fact that the damage to property is against each other);

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate of the amounts of the above two crimes) shall be aggravated for concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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